Legal Opinion

State v. Mechling

West Virginia Supreme Court

Decided June 30, 2006No. 32873PublishedCited by 139 opinions

1Opinion of the Court

STARCHER, J.:

This is an appeal of a domestic battery conviction from the Circuit Court of Monon-galia County. We are asked to examine whether the circuit court erred in permitting the admission of statements made by the victim to three individuals — statements indicating that the victim was battered by the defendant — when the victim did not appear and testify at the defendant’s trial.

As set forth below, we find that the statements made by the victim were improperly admitted in violation of the Confrontation Clause of the Sixth Amendment to the United States Constitution and Article III,…

2Cases cited20 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Crawford v. WashingtonSupreme Court of the United States · 2004
  3. Bruton v. United StatesSupreme Court of the United States · 1968
  4. Ohio v. RobertsSupreme Court of the United States · 1980
  5. Davis v. WashingtonSupreme Court of the United States · 2006

15 more not listed; retrieve them via the Exa API.

3Cited by139 opinions

  1. Commonwealth v. BrownSupreme Court of Pennsylvania · 2012
  2. State v. KaufmanWest Virginia Supreme Court · 2011
  3. People v. CageCalifornia Supreme Court · 2007
  4. Franklin v. StateSupreme Court of Florida · 2007
  5. State v. KirbySupreme Court of Connecticut · 2006

134 more not listed; retrieve them via the Exa API.

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